Nisely

United States v. Nisely

Good Law
172 F. App'x 713
United States Court of Appeals for the Ninth CircuitFebruary 24, 2006No. 05-50248California559 words

Opinion

Lead Opinion

*714 MEMORANDUM *

Defendant-Appellant Barry Francis Nisely (“Nisely”) appeals his conviction for use of a facility of interstate commerce to attempt to induce a minor to engage in criminal sexual activity in violation of 18 U.S.C. § 2422 (b). Specifically, Nisely contends that: (1) his conviction should be vacated because the district court declined to dismiss for cause an allegedly biased juror; and (2) his terms of supervised release should be vacated because they involve a greater deprivation of liberty than is reasonably necessary. We affirm Nisely’s conviction, and agree with the parties’ stipulation that the terms of supervised release were intended to include an exception for prior probation officer approval. The facts are known to the parties and are not recited here.

We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . We review the district court’s decision not to excuse Juror Armstrong for plain error because Nisely failed to renew his objection after Juror Armstrong stated that he could serve impartially. See United States v. Mendoza-Reyes, 331 F.3d 1119, 1121 (9th Cir.2003), cert. denied, 540 U.S. 925 , 124 S.Ct. 332 , 157 L.Ed.2d 226 (2003).

Juror…

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